Idaho Divorce Procedures

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Idaho in 1990 recorded a divorce rate of 6.5 per 1000 population. In the year 2004, this rate dropped to 5 per 1000 population. It has been observed that gradually the levels of education and affluence are expected to raise in the future. There is a general prediction that the divorce rate might plummet further.

Relevant forms in Idaho Divorce Procedure

• Complaint for Divorce: If there are no minor children, then CAO D 1-6 and if there are minor children, then D 1-5
• Summons: If there are no minor children, then CI 1-1 and if there are minor children, then FL 1-3
• Family Law Case Information Sheet (FL 1-16)
• Certificate of Divorce or Annulment: This is not available online but at the Court Assistance Office or the Court Clerk

If the divorcing couple has minor child or children, the following forms are also required.

• Parenting Plan (DCMP 3)
• Child Support Worksheet (DCP 1-12 or 1-13)
• Child Support Affidavit (DCP 1-11)
• Order to attend Divorce Orientation / Parenting Workshop

If the location of either divorcing partner is not know, the below mentioned forms are needed.

• Affidavit of mailing per order for Publication (CI 2-5)
• Summons by Publication (D 1-2)
• Order for Service (CI 1-8)
• Affidavit and Motion for Service by Publication (CI 1-7)

The court clerk must be submitted the following.

• 129 USD as filing fee (applicable on 1^st July 2006) or a "Motion and Affidavit for Fee Waiver" (FW 1-9)
• Copy of the proposed "Order Re: Fee Waiver, FW 1-10"
• All the completed forms in original and their copies

If the divorcing partner has any minor children due to the marriage, the court clerk submits an order to remain present at a parenting program. Depending on the district in this state, this order is called as "Parenting Workshop", "Mediation Orientation" or "Divorce Orientation."

The next step is that the Petitioner must serve the Complaint, the Summons and the above mentioned order to the Respondent. After the case is filed, the clerk stamps and dates the copies of the documents. The original Summons and the conformed copies of the Complaint packet and Summons are handed over by the clerk. These copies are evidence that the Petitioner has filed the copies in the court, in case they are misplaced from the court.

Types of service in Idaho Divorce Procedure

Depending on the situation, there are 3 types of service in this state.

If the Respondent cannot be located

The Petitioner has to resort of Service by Publication. It is essential to adhere to CI Instruction 7.

If the Respondent does not co-operate

• The original Summons, a copy of the Summons, a copy of the Complaint and an original Affidavit of Service must be mailed or delivered to a Sheriff or a professional process server or any individual (this individual must reside in the county of the Respondent and must have completed 18 years of age). These 3 types of persons can be allotted the responsibility of serving the documents
• The above mentioned 3 types of persons must be handed over the following
  • A letter that states where the Respondent can be served
  • A photograph or description of the Respondent
  • An explanation of the vehicle that the Respondent generally drives
  • Other relevant points that would assist the person to identify the Respondent
• The Petitioner must attach a check or money order, along with the papers, of the amount that the professional process server or sheriff charges for the service
• The individual, who completes the service is supposed to hand over the original Summons and the completed Affidavit of Service to the Petitioner.
• The Petitioner must file the original Summons and original Affidavit of Service with the court and conform a copy of the Affidavit of Service

If the Respondent co-operates

• Complete the form titled Acknowledgement of Service (D 2-1 or D 2-1 X) and produce 2 copies
• A conformed copy of the Summons, a conformed copy of the Complaint, the original and one copy of the Acknowledgement of Service must be mailed or delivered to the Respondent
• The Respondent is expected to sign the original Acknowledgement of Service in front of a Notary Public
• The Respondent must retain with self the conformed copy of the Summons, a conformed copy of the Complaint and the copy of the Acknowledgement of Service and return the original Acknowledgement of Service to the Petitioner
• The Petitioner must submit the original Acknowledgement of Service and the original Summons to the court clerk
• The Petitioner must get the copy of the Acknowledgement of Service conformed from the court clerk and must retain this copy with self

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